Gaurav Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 4104 MP

THE HIGH COURT OF MADHYA PRADESH CRA No.2707/2022 (GAURAV KUSHWAH VS. STATE OF M.P.)

Gwalior, Dated : 24/03/2022

Shri Vivek Vyas, learned counsel for the appellant.

Shri Rohit Mishra, learned counsel for the State.

Heard on I.A.No.4886/2022, an application for amendment in

I.A.No.4550/2022.

For the reasons mentioned in the application, the same is

allowed.

Let necessary amendment be carried out within three working

days from today.

Also Heard on the question of admission.

Call for the record of the Court below.

The appeal being arguable is Admitted for final hearing.

Also heard on I.A. No.4550/2022. This is an application for

suspension of sentence and grant of bail.

The appellant has been convicted for the following offences :

Conviction U/s Sentence Fine Default (in lieu of fine) 354 of IPC 3 years RI 2,000/- 2 months RI

323 of IPC 3 months RI 500/- 10 days RI 8 of POCSO Act 3 years RI 2,000/- 2 months RI

It is submitted by the Counsel for the appellant that the Trial

Court has already suspended the sentence of appellant for a period of

one month from the date of judgment i.e. 28/03/2022. He undertakes

THE HIGH COURT OF MADHYA PRADESH CRA No.2707/2022 (GAURAV KUSHWAH VS. STATE OF M.P.)

to appear before the Registry of this Court regularly without any

default.

Per contra, the application is opposed by the Counsel for the

State.

Considering the facts and circumstances of the case, coupled

with the fact that the sentence of the appellant has already been

suspended by the Trial Court, the application for suspension of

sentence is allowed. On furnishing the personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Trial Court/CJM/Remand Magistrate

(Whosoever is available), the remaining jail sentence shall remain

suspended and the appellant shall be released on bail.

This order shall remain in force, till the conclusion of the

present appeal. In case of bail jump or violation of any of the

conditions mentioned above, this bail order shall automatically lose

its effect.

The appellant is permanently exempted from his personal

appearance before the Registry of this Court, however, he shall

appear before the Court only when directed.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.24 15:36:26
         -07'00'